Judge to hear arguments over whether LA prosecutor should be kicked off Menendez case
Share this @internewscast.com

LOS ANGELES (AP) — On Friday, lawyers representing Erik and Lyle Menendez, who were found guilty of murdering their parents in 1989, will argue before a judge that the prosecutors from Los Angeles should be dismissed from handling their resentencing case.

In 1996, the brothers received life sentences without the possibility of parole for the fatal shootings of their father, Jose Menendez, an entertainment executive, and their mother, Kitty Menendez, at their home in Beverly Hills. At the time of the murders, the brothers were 18 and 21 years old. The defense claimed that they acted in self-defense due to ongoing sexual abuse by their father, whereas prosecutors maintained that the murders were committed to claim a multimillion-dollar inheritance.

Last October, Former LA County District Attorney George Gascón initiated the possibility of the brothers’ release by suggesting their sentences be reduced to 50 years with the chance of parole. His office noted that current perspectives on sexual abuse and trauma might have influenced the handling of the case differently, and highlighted the brothers’ rehabilitation during their 30-year imprisonment.

But current district attorney Nathan Hochman has reversed course and opposes the brothers’ resentencing. Hochman has said the brothers have not taken full responsibility for their crimes because they have not admitted to lies told during their trials. The Menendez family and lawyers have been heavily critical of the way Hochman has handled the case.

Hochman’s office filed a motion to oppose his removal from the case, dismissing the defense’s concerns as simply “not being happy” with prosecutors’ opinion on resentencing.

“Disagreeing with the opposing side’s position is not a conflict of interest, it is simply a disagreement,” it said.

While Hochman’s conduct is the focus of defense attorneys’ petition, they want the case entirely removed from the Los Angeles district attorney’s office, in which case the state attorney general’s office would usually step in.

However, California Attorney General Rob Bonta filed a motion this week siding with Hochman, saying the defense had not adequately demonstrated a conflict of interest.

Laurie Levenson, a former federal prosecutor and professor of criminal law at Loyola Law School in Los Angeles, said these types of recusal requests are “almost never” granted.

“Defendants don’t usually get to pick their prosecutors,” she said. “Occasionally an individual prosecutor will be recused, but to recuse an entire office is very rare.”

Generally, this only happens if a prosecutor’s personal family member is involved or if the district attorney’s office received outside payment in a case, Levenson said.

During long-awaited resentencing hearings last month, attorneys engaged in a heated debate over whether material from risk assessments completed by the state parole board at the governor’s order should be admissible in court. The hearings were delayed, and the brothers’ lead attorney Mark Geragos said he would move to recuse Hochman from the case.

In a motion filed April 25, Geragos argued that Hochman’s bias against the brothers and mistreatment of the Menendez family posed a “genuine risk” the brothers would not receive a fair hearing.

He pointed to Hochman’s demotion of Nancy Theberge and Brock Lunsford, the two deputy district attorneys who filed the original resentencing motion. Theberge and Lunsford have since filed lawsuits against Hochman alleging they were punished for their work on the Menendez case.

Hochman also hired Kathleen Cady, who represented Milton Andersen, the only Menendez family member who opposed the brothers’ resentencing at the time, to head his Office of Victim Services. Andersen died in March.

Geragos said no one from the victim services office had ever reached out to the Menendez family to offer support. In mid-April, both Cady and Hochman were present at an organization’s rally to condemn the Menendez brothers’ resentencing, he said.

Finally, Geragos said the district attorney’s office had violated Marsy’s Law, which ensures victims in California are treated with fairness and respect.

Menendez cousin Tamara Goodell filed a complaint with the U.S. Attorney’s Office in which she wrote Hochman used a “hostile, dismissive, and patronizing tone” that left the family “distressed and feeling humiliated.”

Hochman’s motion said the defense had not presented any proof that hiring Cady, a seasoned prosecutor and attorney, prevented his office from treating the Menendez brothers fairly, and that the reassignments of Theberge and Lunsford were “internal staffing decisions.”

Marsy’s Law also does not give victims the right to seek the removal of a prosecutor, the motion said.

The Menendez brothers are still waiting for the full results of a state parole board risk assessment ordered by Gov. Gavin Newsom’s office. The final hearing, scheduled for June 13, will influence whether Newsom grants the brothers clemency.

Share this @internewscast.com
You May Also Like
NWS faces vacancies in Florida offices as 2025 hurricane season ramps up

NWS Struggles with Florida Office Vacancies as 2025 Hurricane Season Intensifies

Tom Fahy, the Legislative Director for the National Weather Service Employees Organization,…
LiAngelo Ball files for divorce days after wife's pregnancy reveal

LiAngelo Ball Announces Divorce Shortly After Wife Reveals Pregnancy

LiAngelo Ball initiated divorce proceedings from Rashida Nicole just a week after…
Samaritan's Purse volunteers bring faith and supplies to Texans in need

Samaritan’s Purse volunteers deliver faith and aid to struggling Texans

Samaritan’s Purse volunteers are no strangers to disasters, and they are currently…
Texas officials are trying to figure out who's really missing from the floods

Texas Authorities Seek to Identify True Missing Persons Amid Floods

This week in Texas, estimates indicate that 161 people are still missing…
One year after Trump assassination attempt, Butler widow demands accountability from Secret Service

One Year After Attempted Assassination on Trump, Butler Widow Calls for Secret Service Accountability

One year after Corey Comperatore was killed at a Trump rally in…
Trial date set for Austin Metcalf’s suspected killer in track meet stabbing

Court Date Scheduled for Austin Metcalf’s Alleged Track Meet Attacker

The 18-year-old suspect accused of killing high school track star Austin Metcalf…
Federal audit of Rebuild Florida Program underway

Federal Review Begins for Rebuild Florida Initiative

The Deputy Inspector General for HUD discusses an audit of the Rebuild…
Aerial view of a fenced-in facility in a desert landscape.

Israel Reveals Some Iranian Underground Uranium Reserves Withstood Trump’s Assault, Warns of Potential New Strikes

ISRAEL says some of Iran’s highly-enriched near weapons-grade uranium stockpile survived US…
Aaron Judge’s game-ending sac fly leads Yankees to stunning comeback win over Mariners

Aaron Judge’s Sacrifice Fly Seals Yankees’ Thrilling Comeback Victory Against Mariners

The Yankees avoided being on the wrong side of history and then…
Iranian flag held aloft by a statue in Tehran, with an anti-Israel billboard in the background.

The UK warns that Iran now presents a serious physical threat to residents, similar to the risk from Russia.

IRAN poses a significant threat to Britain with Tehran’s spies targeting the…
Jacksonville dance instructor arrested for sex crime with minor

Jacksonville Dance Teacher Charged with Sexual Offense Involving Minor

Samuel Penalba, 34, is also accused of trying to delete photo and…
Chicago's 27th Ward Alderman Walter Burnett Jr. wants son to replace him in City Council after retirement, drawing criticism

Chicago Alderman Walter Burnett Jr. faces backlash for proposing his son as successor in City Council’s 27th Ward after retirement

The longest-tenured member of the Chicago City Council is stepping down at…